Leonard Whiteley, vs. Concrete Express; State Compensation Insurance Fund; California Indemnity Insurance Company By Gab Robins,

This case is about Leonard Whiteley, an applicant, who was injured while working as a cement truck driver on September 26, 1998. He was referred to Thomas Horn, M.D., for treatment and was released to work without restriction. On April 15, 1999, Dr. Horn issued a permanent and stationary report at defendant's urging. A different WCJ issued the award as stipulated by defendant and applicant on August 19, 1999. In September 2000, Dr. Horn sought authorization from defendant to refer applicant to a neurologist because of his ongoing complaints of persistent dizziness and headaches. Applicant obtained legal representation and was referred to a new treating physician. On July 24, 2001 applicant filed a petition to reopen the August 19, 1999 award in V

CONCRETE EXPRESS; STATE COMPENSATION INSURANCE FUND; CALIFORNIA INDEMNITY INSURANCE COMPANY by GAB ROBINS, LEONARD WHITELEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEONARD WHITELEY, Applicant,vs.CONCRETE EXPRESS; STATE COMPENSATION INSURANCE FUND;CALIFORNIA INDEMNITY INSURANCE COMPANY by GAB ROBINS, Defendants.Case Nos. ADJ887872 (VEN 0115373)ADJ1162935 (OXN 0126518)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant and defendant California Indemnity Insurance Company by GAB Robins (Cal Indemnity) each seek reconsideration of the March 18, 2009 Joint Findings and Award, Order of Commutation and Order of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to his lumbar spine, left shoulder, left hip, left knee, lungs and head, but not “neurologically, to his speech, vision, taste, memory or to his gastro-intestinal system,” while working as a cement truck driver on September 26, 1998 (VEN 0115373). The WCJ also found that while in that same employment during the period from April 12, 1999 to February 15, 2002, applicant incurred cumulative trauma industrial injury to his lumbar spine, neck, left shoulder and left knee (OXN 0126518). The two injuries were found to have jointly caused a period of temporary disability, permanent total disability without apportionment, and a need for future medical treatment. The WCJ further found and ordered that an earlier August 19, 1999 stipulated award of 18% permanent disability in VEN 0115373 be “set aside.”            Applicant contends that the WCJ should also have found compensable industrial injury to his urological system and neck.            Cal Indemnity contends that it was error to find that applicant is 100% permanently disabled, that the permanent disability should have appo rtioned between the September 26, 1998 , specific injury and the cumulative trauma injury that followed the specific injury, c

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